Terms Of Use

Terms of Use

Welcome to http://www.kirsch.com, a website managed and maintained by the Newell-Rubbermaid Corporation. If you visit or shop at http://www.kirsch.com you accept the terms and conditions set forth herein ("Terms of Use"). Kirsch operates this site to provide online access to information about Kirsch and the products and services we provide. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement" and govern your use of this site.

Kirsch reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

1. Use of Site

You may use the site, information, writings, images and/or other data that you experience on the site, referred to as "Content", solely for non-commercial, personal purposes and/or to learn about Kirsch products and services. Kirsch reserves complete title and full intellectual property rights for all Content. You may not use, modify, copy, distribute, transmit, or derive another work from any Content obtained from the site except as expressly permitted by these Terms of Use. Additionally, no right, title or interest in any Content is transferred to you as a result of using the site.

2. Privacy Policy

3. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Kirsch or its partners, affiliates, contributors or third parties. Copyrights associated with specific Content are owned by Kirsch and/or other copyright owners who have authorized their use on the site. You may download and reprint Content for non-commercial, non-public, personal use only.

4. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the site without permission from the trademark owner, except as permitted by applicable law.

5. Window & Blind Configuration Application

The Configuration Application (software) available via the site is the copyrighted work of Kirsch and/or its licensors. Except as expressly authorized by this Agreement, you may not alter, copy, distribute, or transmit the Configuration Application from the Site.

6. Links to Third-Party Web Sites

From time to time, Kirsch may provide links to third party web sites. This information is provided solely as a convenience to you. If you use third party links you will leave the site and be subject to the terms of use and privacy policy applicable on those web sites.

7. User Conduct

You agree to use the site only for lawful purposes. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You additionally agree not to use the site in any way that might interfere with the rights of other users or third parties.

8. User Supplied Information

If you supply or post any information or material to the site, you guarantee to Kirsch that you have the legal right to post such material and that it does not violate any law or the rights of any person or entity.

9. Risk of Loss

All items purchased from Kirsch are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

10. Pricing

Except where noted otherwise, the list price displayed for products on our website represents the retail price estimated in accordance with standard industry practice. With respect to items sold by Kirsch, we cannot confirm the price of an item until you place the order; however, we do NOT charge your credit card until after your order has entered the shipping process.

11. Product Display/Colors

The site attempts to display product images shown as accurately as possible. However, we cannot guarantee that the color you see identically matches the product color because the display of the color depends, in part, upon the computer monitor you are using.

DISCLAIMER AND LIMITATION OF WARRANTIES KIRSCH MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. KIRSCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT FURNISHED OR TO BE FURNISHED VIA THE SITE. KIRSCH DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. KIRSCH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KIRSCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIRSCH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. KIRSCH, NOR ITS AFFILIATES, SHALL BE LIABLE FOR CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES. YOUR EXCLUSIVE REMEDY FOR CLAIMS (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY) IS LIMITED TO HAVING THE OPTION OF REPLACEMENT OR REPAYMENT OF THE PURCHASE PRICE PAID FOR THE PRODUCTS WHICH ARE THE SUBJECT OF THE CLAIM.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KIRSCH'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

12. Indemnification

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless Kirsch, its affiliated companies, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the site or the Content, or any violation by you of this Agreement.

13. Dispute Resolution

You agree that all disputes relating to use of this site or purchase on any products through this site shall be brought in the state or federal courts residing in the State of North Carolina, and you irrevocably consent to jurisdiction and venue in such location.